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Plateau: High Court reinstates suspended Council boss

From Pwanagba Agabus, Jos

The High Court of Justice sitting in Jos the Plateau State capital has reinstated the suspended Executive Chairman of Qua’an Pan Local Government Area of the state, Hon. Isaac Kyale Kwalu back to office with immediate effect.

It would be recalled that the Plateau State House of Assembly had on the 30th June, 2020, suspended the Chairman of Quaan Pan Local Government, Hon. Isaac Kwallu and that of Kanam Hon. Abas Wokdung for illegally suspending their councillors and refusing to pay their entitlements.

Speaker of the House, Rt. Hon. Abok Ayuba who announced the suspension during plenary, directed the affected chairmen to immediately handover to their deputies.

Also, the House Committee Chairman on Information, Hon. Philip Dasun, had told journalists that the chairmen had been embroiled in some squables with their councillors.

Dasun explained that the State House of Assembly invited them (the two chairmen) and subsequently directed them on what to do but they refused to obey to the directives.

“They were directed to pay the entitlements owed councillors but they fail to do so.

“In the case of Kanam, he even sacked the substantive Clerk of the House posted there by the House of Assembly Service Commission and refuse to reinstate him as directed,” he explained.

The Information Committee chairman maintained that the suspension of the Kwallu was not in connection with his senatorial ambition.

This follows and order of interim injunction granted to the plaintiff (Hon. Isaac Kyale Kwalu) by Justice N.L Musa of the State High Court Jos in a suit No:PLD/J328/2020.

Filed by the application stopping 30 defendants whether by themselves, their servants, agents and privies, from doing anything or continuing any act or making any pronouncement or taking any step whatsoever or otherwise acting in any manner that will interfere, or have effect of interfering with the plaintiff’s three-years term of office before its expiration in October,2021 pending the determination of the motion on notice.

Justice Musa granted all the prayers of the plaintiff upon the consideration of a motion exparte dated 1st August, 2020 and filled on the 3rd August, 2020, supported by a 61 paragraphs affidavit deposed to by the plaintiff himself and also attached his written address which counsel adopted as his oral argument in the case.

The Judge after hearing the motion by Counsel to the plaintiff. Yetunde Nze Esq with N.M Nyelong Esq who prayed the Court to grant the plaintiff, “An Order granting the leave to serve the originating Summons and all the processes in the suit on the defendants by substituted means to wit.

“A Leave to serve the 1st and 2nd Defendants/ Respondents through the Office of the Clerk of the Plateau State House of Assembly.

“A Leave to serve the 4the Defendant/Respondent through the office of the Secretary of Qua’an Pan Local Government Council.”

Also is a, “Leave to serve the 5the Defendant/Respondent through the office of the Secretary of the Qua’an Pan Local Government Council.

“A Leave to serve the 26th-30th Defendants through the office of the Chief Resgiatrar of the Plateau State High Court”.

The applicant secured an order of interim injunction restraining the,”Defendants/Respondents whether by themselves, their servants, agents and privies, from doing anything or continuing any act or making any pronouncement or taking any step whatsoever or otherwise acting in any manner that will interfere, or have effect of interfering with the plaintiff’s three-years term of office before its expiration in October,2021 pending the determination of the motion on notice.”

Justice Musa hereby ordered that the, “Leave is hereby granted as prayed for all the reliefs.

Meanwhile, the returned date shall be 14th August,2020 for hearing of the motion on notice.

The 30 Defendants/Respondents in the suit restrained amongst are “The Honorable Speaker of the Plateau State House of Assembly, the Plateau State House of Assembly, the Ministry of Local Government and Chieftaincy Affairs, Plateau State, the Acting Chairman of Qua’an Pan LGC, Hon. Yusuf Abdulmalik Haruna, the Legislative Arm of Qua’an Pan Local Government Council, the Leader of Qua’an Pan Legislative Arm Hon. Haruna Kangmi Jibrin.

Others include, “all the Principal officers of the Qua’an Pan Legislative Arm whom are (The Deputy Leader Hon. Daboer Benjamin Dasha’ar, Majority Leader. Hon. Dashik Peter Paul, Deputy Majority Leader. Hon. Shintoe Kwallat, Chief Whip. Hon. Dana’an Sunday Benedict and Deputy Chief Whip Hon. Abdullahi Isah Dabogon) as well as all other members of the Qua’an Pan Legislative Arm in the state.

Also restrained are, “The Honourable Chief Judge of Plateau State, Panel of Investigation, Elder Yohanna Manoah Chairman of the Panel of Investigation, B.K Adams ESQ member Panel of Investigation as well as A.G Yirvoms ESQ member Panel of Investigation”.

Meantime, sources from the ruling APC in the state said, Kwallu was advised not to go into the Senate contest for Plateau South, to replace deceased Senator Ignatius Longjan.

It was also gathered that the powers that be in the party have their preferred candidate.

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